In Philly and New York City, officials and activists are barking about bail and criminal justice reform.
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This morning, The New York Times published an article about Mr. Jonathan Lippman, chief judge of New York State, and his efforts to tackle a practice that “strips our justice system of its credibility and distorts its operation.”
Judge Lippmann in 2013 introduced legislation that would, according to The New York Times, change the legal presumption about bail: People arrested and accused of a crime could go home without bail unless there was evidence that they posed a danger to the community, or that they would not return for court.
Also this morning, in Philadelphia, City Councilman, Mr. Curtis Jones, Jr., appeared on a morning talk radio show and denounced the City’s plan to buy a tract of land on which a facility to replace the dilapidated House of Corrections would be built.
Councilman Jones, who chairs the committee on Public Safety, implied that his colleagues’ empathy for the conditions in which prisoners are forced to reside in is disingenuous, as a real movement catalyzed by a concern for prisoners’ safety would see the inmates being set free and placed under court supervision, like an ankle bracelet, until they were proven guilty or their charges dismissed.
Both Judge Lippmann and Councilman Jones noted today that it would cost significantly less to monitor individuals in a community rather than imprison them, and that the bail process as it stands today is antiquated, to say the least.
A constituent of Councilman Jones agrees. Mr. Greg Brinkley, a prominent activist and private investigator who fronted the $10,000 bail for Mr. Tomayo McDuffy, who was wrongfully accused of attempted murder in 2013 by his next door neighbor, said the bail process should be done away with, as it has become “abusive and discriminatory.”
“You can’t have it both ways. You can’t say: ‘innocent until proven guilty’ and then hold people in a cell like they’re guilty and make them prove their innocence,” said Mr. Brinkley, who mentioned a new campaign he’s starting that aims to raise awareness of the disparities in the allocation of resources for prosecutors and public defenders, which he said also contributes to the overcrowding of prisons.
But there’s a flip side to the narrative of de-crowding the prisons: re-adjusting individuals back to society.
Mr. Kalief Browder, who was released after serving three years at Rikers Island while awaiting trial for the alleged theft of a book bag, committed suicide last week. He was 22 years-old and suffered from depression, as would be expected from anyone in his situation.
Mr. Brinkley fears that his nephew, Mr. Kevin Brinkley, may meet a similar fate if he’s ever released from prison after serving more than 30 years for a murder he didn’t commit.
“He’s bitter… I worry about him being able to readjust… It’s a tragedy with no ending,” he said, notifying me that he’s also planning to put the fight to get his nephew a new trial into overdrive.
Kevin Brinkley’s situation wasn’t the result of an expensive bail that couldn’t be paid, but instead was due to subpar legal representation, which is relative to bail reform, said Mr. Brinkley.
Mr. Brinkley offered up strong critique of Philadelphia District Attorney, Mr. Seth Williams, for refusing to re-open Kevin Brinkley’s case and for his mishandling of Tomayo McDuffy’s, who was given a $500,000 bail, despite being a minor and having no criminal record.
“Seth Williams always says he doesn’t want anyone in prison that doesn’t belong there, but he’s not fighting for my nephew and he fought against Tomayo McDuffy,” said Mr. Brinkley.
Bail reform or abandonment, mental health services for the wrongfully accused and jailed – a policy position that I wrote about and advocated for earlier this week – and equal resources for prosecutors and public defenders, implied Mr. Brinkley, is the conversation everyone should be having in every city, as the criminal justice needs a total overhaul.
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Thanks for reading. Until next time, I’m Flood the Drummer® & I’m Drumming for JUSTICE!™
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Photo: Mr. Greg Brinkley in 2013 demands the release of Mr. Tomayo McDuffy, a young man wrongfully accused of attempted murder and jailed for months on a $500,000 bail. Photo Credit: C. Norris – ©2015